Shiva Khadiya vs State Of Chhattisgarh
2021 Latest Caselaw 1332 Chatt

                HIGH COURT OF CHHATTISGARH, BILASPUR

                                 Order Sheet

                             CRA No. 754 of 2021

• Shiva Khadiya, S/o Shri Kumar Khadiya, Aged about 19 years, R/o Village
  Chhatamuda, Out Post Jute Mill, Police Station- City Kotwali, District Raigarh
  (C.G.).

                                                                      ---- Appellant

                                    Versus

• State of Chhattisgarh, Through- S.H.O. of The Out Post- Jute Mill, Police
  Station- City Kotwali, District Raigarh (C.G.).

                                                                ---- Respondent

23.07.2021 Mr. Abhishek Saraf, Counsel for the Appellant.

Mr. Sushil Sahu, P.L. for the State/Respondent.

Heard on admission.

Admit.

Call for the record of the Court below.

Also heard I.A. No. 01/2021 for suspension of sentence

and grant of bail to the Appellant.

By the impugned judgment dated 05.07.2021 passed in

Special Criminal Case (POCSO Act) No. 54/2019 by the

Additional Sessions Judge (F.T.C.), Raigarh (C.G.) the Appellant

stands convicted as mentioned below:

      Conviction             Sentence             In Default

U/s 363 of IPC         RI for 03 years and In      default    of
                       fine   amount     of payment of fine
                       Rs. 1,000/-.         amount additional
                                            RI for 02 months.

Learned counsel for the Appellant submits that the

Appellant has been wrongly convicted by the Trial Court in the

judgment without there being any sufficient evidence available on

record. He further submits that the Appellant was on bail during

trial and after the judgment of the Trial Court he was granted

temporary bail. Hence, it is prayed that his application be allowed.

On the other hand, Learned counsel for the State has

opposed the bail application and submissions made in this

respect.

Heard both the parties and perused the record of the Trial

Court.

After perusing the impugned judgment and considering this

fact that the Appellant was on bail during the pendency of trial

and have not misused the liberty, for these reasons, I am of this

opinion that it will be proper to release the Appellant on bail

during the pendency of this appeal.

Execution of substantive jail sentences imposed upon the

appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on executing a personal

bond for a sum of Rs.25,000/- with one solvent surety for the like

sum to the satisfaction of the Trial Court for his appearance

before the Registry of this Court on 18.11.2021. He shall

thereafter appear before the Trial Court on a date to be given by

the Registry of this Court and shall continue to appear there on all

such subsequent dates as are given to them by the said Court, till

the disposal of this appeal.

List this case for final hearing in its due course.

Sd/-

(Arvind Singh Chandel) Judge

Vasant